CHET RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of second appeal, appellant has assailed judgment and decree dtd. 7/9/2009 passed by learned Additional District Judge, Fast Track Kullu, H.P. in Civil Appeal No. 16 of 2009 whereby the judgment and decree dtd. 26/12/2008 passed by learned Civil Judge (Sr. Divn.), Kullu, H.P. in Civil Suit No. 08 of 2008 was affirmed.

(2.) Appellant was the plaintiff and respondents were defendants before the learned trial Court. The parties hereinafter shall be referred to by the status which they held before the learned trial Court.

(3.) Brief facts necessary for adjudication of appeal are that plaintiff claimed himself alongwith his brothers to be owner in possession of Ghasni bearing Shumar No. (old) 12 and (new) 7 measuring 14 bighas situated at Phati Pekhari Kothi Nohanda, Tehsil Banjar, District Kullu, H.P. (hereinafter referred to as the 'suit land'). It was alleged that defendant No.2 i.e. Divisional Forest Officer, Wild Life Division Banjar had started digging the suit land since 21/1/2008 with ulterior purposes to grab the same. As per plaintiff, defendant No.2 intended to raise a permanent structure over a portion of suit land. Accordingly, a prayer was made to restrain the defendants from carrying out any sort of construction over the suit land by digging the same or causing any kind of interference.